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Monday, May 20, 2013

Grand Jury Indicts Drug Gang

BRONX, NEW YORK, MAY 20- District Attorney Robert T. Johnson announced that a grand jury has indicted 37 alleged drug dealers from rival crews in the Highbridge section of the Bronx following an 11-month long investigation.

The grand jury returned a 124-count indictment charging the defendants with conspiracy to sell narcotics, criminal sale and possession of narcotics, attempted murder, assault, criminal possession of a weapon, criminal sale and possession of marijuana, and possession of ammunition. According to the indictment, the alleged conspiracy occurred between May 10, 2008 and May 10, 2013.

It is alleged that the defendants, belonged to either the ‘Woodycrime’ crew or ‘165th and Nelson’ crew, and “acted-in-concert” in engaging in more than 100 drug transactions of varying quantities, with undercover detectives during the course of the investigation.

The overwhelming majority of the illegal drug sales occurred on a one block stretch of 165th Street between Woodcrest and Nelson Avenues, where all of the defendants resided.

Luis “Lou” Pacheco, 21, was charged in connection with two separate shootings. In one incident, which occurred on November 9, 2011, Pacheco allegedly shot Nicholas Barbour in the back with a .45 caliber semi-automatic pistol. Barbour was struck when Pacheco allegedly fired several shots at a moving minivan on West 165th Street and Woodycrest Avenue. The gunfire is believed to be tied to an unknown issue arising from an attempt to purchase marijuana.

Pacheco was indicted for attempted murder in the second degree, assault in the first and second degrees, and criminal possession of a weapon in the second degree. He is facing a maximum sentence of up to 25 years imprisonment if convicted of the most serious offense, attempted murder. The other shooting for which Pacheco was indicted occurred on January 16, 2011 when he allegedly fired in the direction of a crowd of people striking Marvin Fortuna in the hand. That shooting occurred on East 161st Street and Gerard Avenue during an altercation outside a coffee shop. Pacheco was charged with assault in the third degree, criminal possession of a weapon in the second degree, and Reckless Endangerment in the first degree. The most serious offense, criminal possession of a weapon in the second degree is punishable by a maximum sentence of up to fifteen years imprisonment if convicted.

Pacheco, an alleged principal player in the ‘Woodycrime’ crew, was arraigned before Acting State Supreme Court Justice Steven Barrett and was ordered held without bail. Another alleged leader of the ‘Woodcrime’ crew Christian Caban, 27, was also remanded while bail for a third alleged principal player, Marvin Gamoneda, 27, was set at $350,000 bond or $250,000 cash.

Of the 37 defendants named in the indictment, 25 have been taken into custody. More arrests are expected and additional charges are expected to be filed in this continuing investigation as a result of the seizure of illegal weapons and narcotics when investigators executed arrest and search warrants pursuant to this indictment. The most serious conspiracy charge against the defendants, conspiracy in the third degree, is punishable by a maximum sentence of up to seven years imprisonment if convicted. The most serious drug charge, criminal sale of a controlled substance in the third degree, is punishable by a maximum sentence of up to nine years imprisonment on each count, if convicted, depending on their prior criminal records.

The charges in the indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.

District Attorney Johnson acknowledged the following for their efforts in building this case: the NYPD Bronx Narcotics Division’s Operation Good Neighbor; the 44th Precinct Detective Squad; and the 44th Precinct Anti-Crime Patrol Unit.

Assistant District Attorney Terry Gensler, of the Gangs / Major Case Bureau is prosecuting the case under the supervision of Assistant District Attorney Edward Talty, Chief of the Gangs / Major Case Bureau.